Your Comprehensive Guide to California Probate Law

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What is Probate Law?

Probate is the legal process that occurs after an individual dies. It involves proving the validity of the deceased person’s will (if they have one), administering their estate, and distributing assets to beneficiaries or heirs.

Probate law is typically the law that governs the probate process. California's probate laws or statutes are passed by the California legislature and attributed to the California probate code.

The court will appoint an executor or administrator to handle the decedent’s assets and pay the bills owed at death.

When and Why is Probate Required in California?

Probate serves several purposes. For instance, it ensures that the deceased’s debts are paid and their assets distributed according to their wishes or California intestate succession laws. Moreover, probate ensures that the entire process is structured and organized. Other benefits of probate in California include;

• Ensuring the will's validity: The process validates the deceased person’s will and ensures all their wishes are fulfilled.

• Protecting beneficiaries: Probate ensures all beneficiaries named in the will receive their rightful share of the estate or property.

• Resolving disputes: The probate process offers a formal approach to resolving conflicts among beneficiaries.

In California, probate is needed when your deceased loved one owned any property in their name at the time of death. This includes vehicles, real estate, stock and bonds, bank accounts, and personal belongings. However, some assets, like those with a named beneficiary or transferred to a living trust, can skip probate law.

However, probate might be avoided in some cases. We shall discuss the ways to avoid probate later in the article.

The California Probate Process: Steps and Procedures

The California probate code clearly outlines the steps to be taken for probate. Understanding and following the steps carefully is vital to honor the deceased wishes and the probate law. Here’s how the California probate goes;

1. Open the probate

The probate process typically begins when a petition is filed with the local probate court. This happens when a person dies and leaves behind a will or an estate. If the deceased didn’t leave a will, the court will assign an administrator to manage the probate process. 

Once the court accepts the will, the executor or administrator takes charge of the estate and begins the probate process. Before then, they cannot distribute, discard, or remove any property from the deceased person’s estate.

Sometimes, the decedent’s family or other interested parties may dispute the will. However, the court has the mandate to verify the will's legality. In the absence of a will, the court will identify legal beneficiaries and heirs.

Note that being an executor is quite demanding. However, you can always count on the Law Office of Andrew Kern to help you execute your roles effectively and per California law.

2. Inventory of assets

During this step, the executor will identify and assess the value of the assets that the deceased left behind. This may include personal property, real estate, bank accounts, and other investments. The goal of appraising the assets is to determine their fair market value. The valuation is critical for tax and distribution purposes.

This step can be complex, especially if the deceased had a large volume of assets. Sometimes, the executor may need to consult with a professional appraiser to verify the accuracy of the valuation. Once the valuation is done, the executor must send copies of the inventory to all parties of interest, including the beneficiaries, heirs, and the judge.

3. Paying debts and taxes

If the deceased had any debts or pending taxes, they must be settled before the assets are distributed among beneficiaries. Therefore, the executor or administrator will identify and pay off all debts and taxes owed, including funeral expenses.

Sometimes, this step might involve selling assets to cover liabilities.

4. Asset distribution

Once the executor or administrator settles all debts and taxes, they can distribute the deceased’s assets among beneficiaries and heirs. The distribution follows the deceased’s will or California’s intestate succession laws in the absence of a will.

The court oversees the asset distribution process to ensure it is executed fairly.

5. Closing the estate

Once all assets are distributed fairly, the executor or administrator will file a final account with the court detailing all financial transactions.

The court will then review the transactions and, if satisfied, approve the closing of the estate. This officially concludes the probate process.

According to California law, the executor or administrator has one year from initiating the probate to complete the process. So, you have 12 months to complete the probate process in California. The length can vary based on the complexity of the estate, the presence of disputes, and the court’s caseload. And sometimes, it can exceed the one year stated by the California probate code.

Common Probate Challenges (and How to Overcome Them)

The probate process is not always smooth. Some factors can make the process complex, lengthy, and emotionally taxing. Here are common probate challenges and how you can go about them to complete the process successfully.

Contested wills

A will is contested if a formal objection is raised against its validity. The contestant tries to persuade the court that the deceased wasn’t of sound mind when making the will, didn’t sign it, or was pressured. Contested wills often cause legal battles and delays in the probate process.

So, how do you deal with contested wills?

First, seek mediation to resolve the disputes outside court. Often, the contestant will be a family member, friend, or someone named in the will. Mediation can be faster and less expensive than litigation.

If mediation doesn’t work, you must gather and present strong evidence defending the will’s validity. You must prove that the will was executed correctly and in accordance with California probate law.

An experienced probate attorney firm like the Law Office of Andrew Kern can help you present your interests and guide you through the legal process.

Disputes among beneficiaries

Sometimes, the beneficiaries may disagree on the distribution of the assets. This can cause conflicts, potentially delaying the probate process. But there are several ways to deal with this challenge.

For instance, you can encourage beneficiaries to discuss their concerns and reach a mutually agreeable solution. If disputes persist, the court may need to decide on asset distribution based on the law and the deceased person’s intentions as outlined in the will.

Creditor claims

Creditors may lodge claims against the estate, potentially affecting the distribution of the assets. For instance, some may claim the deceased owed them more than what is stated in the will.

Therefore, as an executor, you must review these claims carefully to determine their validity.

High costs and fees

Probate can be costly at times. The total cost varies depending on things like the estate’s size, your state, and whether or not someone contests the will. Some expenses involved include attorney’s fees, court costs, and appraisal fees.

So, how do you keep costs down?

First, you must plan and budget for these expenses within the estate. Remember, most of these costs are paid from the estates and will potentially reduce the estate’s value.

Additionally, when hiring a probate attorney in Bay Area, it’s important to discuss fees and ensure they are reasonable for the services provided. For instance, at the Law Office of Andrew Kern, we do not charge hefty fees for our services. Our goal is not to benefit from the estate but to help you execute the will as per the law and the deceased person’s wishes.

Complex legal procedures

The California probate process can be intricate, especially if unfamiliar with California probate law. This is why you need to hire an experienced probate attorney like the Law Office of Andrew Kern. We will guide you through the process, ensuring compliance with California probate laws.

Law Office of Andrew Kern

755 Baywood Drive, Floor 2
Petaluma, CA 94954

Sonoma County

(707) 658-4602

How to Avoid Probate in California

As seen above, the probate process can be lengthy and daunting. Fortunately, there are ways to avoid this process after a loved one dies. This might include measures taken by the deceased while still alive. So, if you want to save your family against the probate hassle, here are some tips for you.

Create a living trust

A living trust can help your family bypass the complex and lengthy California probate process for any assets or property that you own. A living trust works similarly to a will and allows you to name someone to take over as trustee after your death.

You will remain the trustee of the trust until your demise. And once you’re gone, the terms of the trust will control the property sharing and ownership. Your successor trustee will be mandated to transfer your properties to the trust beneficiaries without probate proceedings.

 All assets placed in the trust, including bank accounts, real estate, and investments, will be distributed to the trust’s terms. This is the most effective way to transfer assets to beneficiaries without court involvement.

However, the process may require guidance from an expert with in-depth knowledge of trust laws. Our probate lawyers in the Bay Area have the expertise to handle all aspects of trust administration.

Joint tenancy with right of survivorship

How you title your property can also help bypass the probate process after you die. For instance, if you own a property jointly with someone, perhaps your spouse, and the ownership includes the “right of survivorship,” the surviving owner, who’s the spouse, automatically takes ownership of the property in case one dies.

Therefore, your loved ones or joint owners won’t need to go through probate. This type of arrangement is commonly used for real estate.

Payable-on-death designations

You can keep specific assets out of probate through payable-on-death designations. This applies mainly to bank and investment accounts. You’ll need to name beneficiaries who will inherit your accounts upon your death. Immediately after your death, the named person can inherit your account and claim funds.

It’s worth noting that you cannot name an alternate beneficiary on a payable-on-death account. However, you can change the account’s beneficiary at any point during your lifetime.

Also, the payable-on-death account can turn into a probate asset if the named beneficiary predeceases you.

Transfer-on-death deeds

You can leave your real estate with a transfer-on-death deed, also called a beneficiary deed. What happens is that you sign and record the deed while you’re still alive. However, the deed only takes effect when you pass away. The named beneficiary has no rights to the real estate until your death—you can still sell the property or revoke the deed.

Do You Need a Probate Attorney?

The best way to smooth the probate process is to hire an experienced probate attorney firm like the Law Office of Andrew Kern. We can help you navigate the complex legal procedures, ensuring a smooth and efficient probate process.

Additionally, we support administrators and executors, helping them fulfill their duties effectively.

When selecting an attorney for your probate, look for experience. You want someone with expertise in probate and California estate planning. If possible, ask for a portfolio to review their past projects. 

Law Offices of Andrew Kern has the experience you need to navigate your probate case smoothly. We’ve helped various clients across California, and you’re next.

We also understand the California probate laws. Therefore, we will ensure that every step of the probate complies with the California probate laws. We will also ensure that all the wishes of your loved one are met.

Hire an Experienced Probate Lawyer in the Bay Area Today!

The California probate process can be daunting and lengthy, especially if the beneficiaries and executors don’t understand the California probate law. While you can hire an experienced probate attorney to handle all the legal steps, it’s essential to understand the basics of probate law.

This can make the process smooth for both parties involved. And if you need an experienced probate attorney around the Bay area and Sonoma County, look no further than the Law Office of Andrew Kern. We have what it takes to make the probate process smooth. Schedule your free consultation today!